The U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum dated November 29, 2018 clarifying the “one-year foreign employment requirement” for a qualifying U.S. organization that wishes to file for L-1 intracompany transfer petition to transfer an executive or manager (L-1) or a specialized knowledge worker (L-1B) from a qualifying foreign office to its related office in the U.S.
Specifically, this Policy Memorandum explains that:
- The one continuous year of qualifying employment must occur outside the United States:
- Brief trips to the United States for business or pleasure do not interrupt the one continuous year:
- Working in the U.S. for the same company under another visa status results in an adjustment of the three-year period:
- Employment while in dependent or student statusdo not result in an adjustment of the three-year period:
- Periods of time in the United States not working or working for an unrelated employer do not result in an adjustment of the three-year period:
The above clarifications are intended to ensure consistent adjudication of L-1 petitions by providing a standard basis for calculating time for the one-year foreign employment requirement.
Amit Solanki, Immigration Executive
Keywords: USCIS, H-1B, L-1, Adjustment of Status, Policy